Brentwood Borough Council (19 019 047)

Category : Housing > Managing council tenancies

Decision : Closed after initial enquiries

Decision date : 24 Mar 2020

The Ombudsman's final decision:

Summary: The Ombudsman cannot investigate Ms B’s complaint that following an urgent occupational therapist’s recommendation for adaptations to Ms C’s home, the Council refused to carry out the work. This is because the complaint is about the Council’s management of its social housing.

The complaint

  1. The complainant, whom I shall call Ms B, complained on behalf of her mother, Ms C, that following an urgent occupational therapist’s recommendation for adaptations to Ms C’s home, the Council refused to carry out the work. Ms B told us, as a result, her mother was not able to return home from hospital.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

  1. I have considered the information Ms B provided, her complaint to the Council and the Council’s responses. I have spoken to Ms B by telephone.

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What I found

  1. Ms C is a council tenant. The Council’s policy is not to commit to meet the costs of an extension to one of its properties before looking to place the tenant in a property which is already adapted. Ms B told us her mother is not medically fit enough to move home.
  2. In this case the Council is acting in its role of managing its social housing. That means we cannot investigate Ms B’s complaint.

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Final decision

  1. The Ombudsman cannot investigate Ms B’s complaint because it is about the Council’s management of its social housing.

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Investigator's decision on behalf of the Ombudsman

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